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The best choice would be to file for and become a US citizen before entering into a marriage with a non US citizen, regardless of his or her Immigration status.

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Q: Should a foreign national with US permanent residency file for citizenship before or after a marriage to a person who is in the US on a non-immgrant visa?
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Related questions

Can a citizen of Mexico obtain American citizenship by virtue of same-sex marriage to a citizen of the United States?

Yes, an American citizen may sponsor a same-sex Mexican spouse for a visa, permanent residency and, ultimately, citizenship.


Can an American same-sex couple marry in Canada?

Yes, there is no residency or citizenship requirement for marriage in Canada.


Can foreign same-sex couples marry in Canada?

Yes. There is no residency or citizenship requirement for marriage in Canada.


Can a foreigner obtain American citizenship by virtue of same-sex marriage to a citizen of the United States?

Yes, effective June 26, 2013, an American citizen may sponsor a same-sex fiancé(e) for a visa and a same-sex spouse for permanent residency, leading eventually to citizenship.


If one's petition for permanent residency by marriage is denied after divorce can one remarry and get another petition submitted for permanent residency?

I suppose you could. But you may end up with the same problem: still a denied permanent residen alien ("green card") petition.


If a person overstays their visa and gets married to a citizen then applies for permanent residency based on marriage will they be sent home?

No, both my marriages were like the one you described. They will get their residency regardless.


To become a naturalized u.s. citizen an alien must have lived in the u.s. for how long?

If your legal resident status was obtained through marriage to a US citizen, you can apply for citizenship as early as 2 years and 9 months after you were granted permanent residency. If your legal resident status was obtained through means other than marriage to a US citizen, you may apply as early as 4 years and 9 months after you were granted permanent residency. Once you apply, it takes between 6 and 9 months to process.


How do you get Residency of Ukraine for us citizen?

I am a US citizen and permanent resident of Ukraine. Usually, the foreign citizen must marry a Ukrainian citizen and reside in the country. After two years of marriage, an application for residency can be made at the district OVIR office. This gives most of the benefits of citizenship, except voting rights. It also obviates the need to repeatedly obtain Ukrainian visas.


Where can a Japanese man marry an American man who lives in a state where same-sex marriage is not legal so they can legally reside together in Japan?

You can marry in any US state that permits same-sex marriage. (There is no citizenship or residency requirement for marriage in any US state.) But, a same-sex marriage will not assist you in obtaining legal residency in Japan.


If a legal resident marries an illegal resident can the illegal resident get residency?

The illegal foreign national will still be required to follow the prescribed USCIS procedures. This could mean the person will be required to leave the U.S. and then apply for a visa for reentrance. A foreign national whether illegal or not is not automatically granted permanent residency or citizenship status by marriage to a U.S. citizen. Marriage will sometimes (but not always) change the priority status given to an applicant's request. United States Citizenship and Immigration Services, http://www.uscis.gov


Is it illegal to marry a US citizen for the purpose of getting a green card?

Entereing into a fraudulent marriage of convenience to obtain permanent residence status and/or citizenship is a federal felony offense. If convicted both parties are subject to a maximum sentence of 5 years in a federal facility and a $200,000 fine. After serving the imposed sentence the foreign national will be deported and permanently barred from reentering the US. If the citizen spouse is also convicted he or she will have a permanent record of a federal felony after serving the imposed sentence. Marriage to a US citizen no longer guarantees permanent residency or citizenship to a foreign national who is unlawfully present within the US.


Is the INS interview to determine if the marriage is valid or to determine if it is a loving marriage?

Some people believe it should be one and the same. Be that as it may, an INS interview is to make a determination of whether the marriage was entered into in good faith between the parties or if it is a marriage of convenience to allow the non citizen spouse to obtain permanent residency and citizenship. Entering into a fraudulent marriage for the purposes cited is a federal felony and both parties can be imprisoned and/or fined if they are found guilty of the act.